The conference is tailored for professionals in the trust and estate planning sector and will explore two pivotal aspects of trust management: the role of supervisory jurisdiction in supporting trust administration and the use of arbitration as an alternative to court jurisdiction, both supervisory and contentious. Programme
WELCOME
FILIPPO TURATO, Chairman STEP Lugano
ANDREA VICARI, Education Officer, STEP Lugano
SPEAKERS and Topics first Sessions - SUPERVISORY JURISDICTION
- DANIEL CLARRY, gerardbrennanchambers.com.au
“Supervisory Jurisdiction in Common Law: Origin, Scope, and Nature” - DAVID WALLACE WILSON, Schellenberg Wittmer Ltd www.swlegal.com
“Supervisory Jurisdiction in Civil Law: Switzerland” - ANDREA VICARI, Vicari Avvocati (Milan) www.vicariavocati.com
“Supervisory Jurisdiction in Civil Law: Italy and San Marino” - FRANCESCO A. SCHURR, University of Liechtenstein
"Supervisory Jurisdiction in Civil Law: Liechtenstein"
SPEAKERS and Topics second Sessions: ARBITRATION AND TRUSTS
- ANDREA VICARI, Vicari Avvocati (Milan) www.vicariavocati.com
“Arbitrability and Arbitration Clauses: issues under Italian and San Marino law.” - ANDREA MOJA, SLCLEX Studio Legale Commerciale – International Law Firm www.slclex.eu
“Legal practice in arbitration in the Estate Planning” - WERNER JAHNEL and SEBASTIEN ZULIAN, LALIVE www.lalive.law
“Trust and estate arbitration in Switzerland: update and recent experiences”
Internationally recognized speakers will provide comprehensive insights into the origins and current applications of supervisory jurisdiction in both common law and civil law jurisdictions. Among them, for the first time, STEP Verein will be honored to welcome Dr. Daniel Clarry, a global authority on supervisory jurisdiction and trust and author of the first treatis exclusively devoted the subject, published by Oxford University Press.
His common law perspective will be integrated by those of civil law expert. David Wallace Wilson, partner and head of the Private Wealth group at Schellenberg Wittmer's Geneva office, will discuss how Swiss courts have implemented supervisory jurisdiction within the Swiss civil law framework. Andrea Vicari, founder of Vicari Avvocati in Milan and President of the Court for Trusts and Fiduciary Relations of San Marino, will compare the Italian and San Marino judicial experience in this area. Francesco Schurr, professor at the University of Innsbruck and as a judge at the Court for Trusts and Fiduciary Relations of San Marino, will conclude the session with a detailed examination of supervisory jurisdiction in Liechtenstein.
The second part of the event will address arbitration in the context of trusts Andrea Vicari will discuss the arbitrability of supervisory jurisdiction and the arbitration clauses, under San Marino and Italian Law. Andrea Moja, Italian lawyer and professor of international commercial law at LIUC University of Castellanza and of European and trust law at the University of Brescia, as well as a representative of the European Arbitration Chamber in Brussels and an arbitrator in numerous international arbitrations, will discuss legal practices in arbitration related to estate planning.
Werner Jahnel, partner at LALIVE in Zurich, a leading expert in private wealth and international arbitration, and Sebastian Zulian, Counsel at LALIVE, with expertise in domestic and cross-border litigation focusing on succession and entrepreneurial families, will provide an update on the current situation in Switzerland, including recent experiences and future legislative prospects
SPEAKERS CV
DANIEL CLARRY, is a barrister at Gerard Brennan Chambers. He has a general commercial practice, with a particular interest in commercial trust disputes and applications by trustees for judicial advice. He has published extensively on equity and trusts, including a monograph titled The Supervisory Jurisdiction over Trust Administration (Oxford University Press (OUP), 2018) and chapters in edited collections, including Arbitration of Trust Disputes (OUP 2016) and The Oxford Handbook of Fiduciary Law (OUP 2019). In his “spare time”, Daniel is currently working on his second monograph, The Irreducible Core of the Trust (Bloomsbury, forthcoming) and a chapter on trustee exemption clauses for The Oxford Handbook of Comparative Trust Law (OUP, forthcoming).
DAVID WALLACE WILSON, is a well known partner in Schellenberg Wittmer's Geneva office, where he heads the Private Wealth group. His main areas of practice include domestic and international estate planning as well as trust and estate litigation.
ANDREA VICARI, is the Founding partner Vicari Avvocati (Milan), specialized in trust and estate planning and litigation, assets protection and all legal aspects related to the patrimony of private clients. Andrea is also Chief Justice of the Court for Trusts and Fiduciary Relations in the Republic of San Marino.
He advised the Government of the Republic of San Marino for the enactment of the trust law (2005) and his major revision (2010), as well as for the enactment of the law on the fiduciary contract (2010) and the laws establishing the Court for Trusts and Fiduciary Relations. He is member of the “International Academy of Trust and Estate Law” and the STEP.
FRANCESCO A. SCHURR, is a Full Professor and Chair for Italian Private Law and Comparative Law at the Law School of the University of Innsbruck. Furthermore he is a Visiting Professor for Corporate, Foundation and Trust Law at Business Law School of the University of Liechtenstein. He is admitted to the Bar in Italy and Germany. Furthermore he serves as Judge at the Court for Trusts and Fiduciary Relations in San Marino.
ANDREA MOJA, is constantly engaged in complex, high-profile international transactions. Andrea advises wealthy families, family offices, trustees and private banks on a range of trusts and wealth planning structuring matters. He advises high-net worth individuals in the transfer of residency to Italy under the recent new flat tax regime applicable to new Italian residents. He has accrued experience also with clients from Sharia jurisdictions (Qatar, Saudi Arabia, Uae). He has appeared before several international commercial arbitral tribunals (either as counsel or as arbitrator) based in Paris, London, Brussels, Stockholm, dealing with disputes covering a wide variety of jurisdictions and sectors.
He is Professor of International Business Law at LIUC in Castellanza University, and a member of STEP Italy’s scientific committee as well as an Academician of the International Academy of Estate and Trust Law (TIAETL).He is also Vice-president of The European Arbitration Chamber in Brussels. (https://chea-taic.be).
WERNER JAHNEL, is a Partner at Swiss law firm LALIVE. He specializes in private wealth, advising private clients, family offices, foundations and trust companies on complex international estate planning and inheritance law matters, succession planning, divorce and family issues. He is certified by the Swiss Bar Association as a Specialist in Inheritance law and is admitted to the bar in Switzerland, Austria and Spain. Having practiced international arbitration for two decades, he also acts as counsel and arbitrator in commercial and private client related arbitration proceedings.
SEBASTIEN ZULIAN, specialises in private clients and commercial law. He advises and represents clients in domestic and cross-border litigation and transactional cases, with a focus on inheritance and family business matters. He is SBA Certified Specialist in inheritance law (Avocat spécialiste FSA droit des successions).
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